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HomeMy WebLinkAboutJUB Engineers, Inc - WSDOT Local Agency PSA - Lewis Street Overpass (CPS-ST-5A-13-02) 02.05.18Local Agency A$E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 30-18-020 Firm/Organization Legal Name (do not use dba's): J -U -B Engineers, Inc. Address Federal Aid Number 2810 W. Clearwater Ave., Ste 201, Kennewick, WA STPUS-HLP-3530(006) UBI Number Federal TIN or SSN Number 600-069-551 82-0290774 Execution Date Completion Date February 5, 2018 December 31, 2021 1099 Form Required Federal Participation ❑ Yes Q No Q Yes ❑ No Project Title Lewis Street Overpass Description of Work The original design was based on a one-way couplet for downtown and a four -lane overpass to accommodate the two eastbound Lewis Street and two Clark Street westbound lanes. Scope includes redesign for traditional two-way streets that fit with the downtown revitalization efforts and potential reduced bridge width based on practical design and complete street concepts. Additional BNSF Railway coordination and submittal of the redesigned overpass, easements, and the M&O agreement. Previously designed pier locations and span lengths are not anticipated to change. Through access for I st Avenue will be evaluated and an additional structure is anticipated. Aesthetic features and urban design concepts consistent with the downtown revitalization efforts will be included along with public involvement outreach. CONSULTANT will provide NEPA documentation and updates and assist AGENCY with finalizing the right-of-way certification. ❑ Yes 0 No DBE Participation Total Amount Authorized: $1,364,800 ❑ Yes Q No MBE Participation ❑ Yes ❑I No WBE Participation Management Reserve Fund: $0 Yes No SBE Participation ❑ 0 Maximum Amount Payable: $1,364,800 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 11/01/2017 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Pasco hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 1110112017 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non -minority, woman owned DBEs does not count towards UDBE goal attainment All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Dan Ford Agency: City of Pasco Address: PO Box 293, 525 North 3rd Ave. City: Pasco State: WA Zip: 99301 Email: fordd@pasco-wa.gov Phone: (509) 545-3444 Facsimile: (509) 543-5728 IV. Time for Beginning and Completion If to CONSULTANT: Name: Richard Door Agency: J -U -B Engineers, Inc. Address: 2810 W. Clearwater Ave., Ste 201 City: Kennewick State: WA Zip: 99336 Email: rhd@jub.com Phone: (509) 783-2144 Facsimile: (509) 736-0790 The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 11/01/2017 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 1110112017 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees perfoi7ming work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 5 of 14 Revised 1110112017 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page B of 14 Revised 1110112017 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d -4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seg.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 1110112017 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "F'. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: 30-18-020 Local AgencyA&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 8 of 14 Revised 1110112017 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RC W; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 1110112017 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Dan Ford Agency: City of Pasco Address: PO Box 293, 525 North 3rd Ave. City: Pasco State: WA Zip: 99301 Email: fordd@pasco-wa.gov Phone: (509) 545-3444 Facsimile: (509) 543-5728 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 11/01/2017 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terns and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 11 of 14 Revised 1110112017 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 1110112017 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 1110112017 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. d�U U�li"E, F1" ,?05.t4_ Signature g 7—U- C/lS I'l osri � l.,c Signal Date Date ,2_1�20118 Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 30-18-020 Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 14 of 14 Revised 1110112017 , J -U -B ENGINEERS. INC. Exhibit A Scope of Work J -U -B ENGINEERS, Inc. Preliminary Engineering Lewis Street Overpass City of Pasco, WA PROJECT DESCRIPTION AND BACKGROUND The existing Lewis Street underpass was open to traffic in 1937. This existing narrow two-lane structure does not meet the needs of the community due to the restricted width and other safety issues. This project has been a high priority of the City for many years. In 2000, the City hired The Transportation Group to conduct a transportation study that looked at the traffic needs and options for the existing underpass. In June 2000, the City passed Resolution 2532 accepting the concept of an overpass connected to a one-way couplet for Lewis Street and Clark Street. The overpass concept was further evaluated in the 2009 Lewis Street Overpass Pre -Design Study by CH2MHILL. This study evaluated refinements to the original 2000 study. The Pre - Design report provided bridge and roadway options to establish the project footprint and limits, supplemented traffic analysis, determined right-of-way impacts, and developed funding level cost estimates. Four types of concrete and steel bridge options were evaluated based on 3 and 4 spans. Overpass location options ranged from constructing directly over the existing Lewis Street alignment to multiple offset locations between Lewis and Clark Streets. The angle of the overpass crossing was also evaluated. From this report, the preferred Alternative 26 was selected to carry forward for design, right-of-way and environmental studies. CH2MHILL continued to provide the NEPA environmental documentation. HDR Engineering was hired by the City to provide the right-of-way acquisition. In April 2010, the City hired J -U -B ENGINEERS to provide the design based on the preferred Alternative 2B from the CH2MHILL Pre -Design Study. The scope of the design included the assumption that Lewis Street and Clark Street would be converted to a one-way couplet prior to Lewis Street Overpass construction. J -U -B coordinated with BNSF Railway for the design approval of a 4 -span pre -stressed concrete structure providing four lanes of travel. The 100% submittal to BNSF was submitted in June 2011. Draft agreements were prepared between BNSF and the City pending funding for construction. The City wished to explore gateway signature type structures that would clear span the BNSF rail yard. In June 2016, Exeltech provided the Lewis Street Grade Separation Feasibility Study, which evaluated multiple 500 -foot clear span bridge options. The bridge construction costs ranged from $400 per square foot to $1800 per square foot based on a three -lane roadway width. For comparison, the 2011 completed design by J -U -B ENGINEERS estimated the structure construction cost at $244 per square foot for a wider four -lane structure. On July 1, 2016 the Connecting Washington program was funded by an 11.9 cent gas tax. The Lewis Street Bridge is part of the 2019 to 2021 biennium funding under the Local Programs projects. The State will provide $15 million dollars with an expected local match (motor vehicle account) of $11 million for a total of $26 million. With Connecting Washington funding, the City Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page t i.j'U J-U-B ENGINEERS. INC. is in a good position to provide the transportation benefits of a safe, efficient grade separation, and help revitalize the downtown. DUTIES AND RESPONSIBILITIES OF CONSULTANT AGENCY (City of Pasco) selected CONSULTANT (J -U-13 ENGINEERS, Inc. and subconsultants) to provide Preliminary Engineering (PE) for the redesign of the Lewis Street Overpass Project. CONSULTANT provided the original 2011 design based on connections to a one-way couplet. The City of Pasco (AGENCY) is no longer in favor of the one-way couplet concept. The City would also like to engage the local businesses and community in the design of the west approach to the Lewis Street Overpass. The original design roadway approach bisects First Avenue, which is a concern for emergency vehicle response. As part of investigating concepts, CONSULTANT shall develop alternatives that provide through access for emergency vehicles. This includes the potential design of an overpass structure for First Avenue. The original design provided a four -lane structure BNSF Railway overpass for connectivity to the four lanes of the City's original one-way couplet concept. CONSULTANT will investigate bridge width alternatives that will reduce the structure width and save construction costs. CONSULTANT will provide concepts for aesthetic features and redesign the bridge to incorporate the reduced width and aesthetic features. CONSULTANT will coordinate the redesign with BNSF Railway as an update to the previous BNSF Railway design approval. As part of the current redesign of the Lewis Street Overpass project, the City of Pasco desires the project to the designed in context and support of downtown revitalization and urban design. This scope of work will include concepts for Urban Design, Lighting, and Landscaping features. The accepted features will be incorporated into the design and contract documents. For consistency with the recent downtown master planning and revitalization, Consultant KPG is part of the CONSULTANT team. Geotechnical Investigation will provided by GeoProfessional Innovation lead by the same key individuals who provided the original geotechnical work. Supplemental geotechnical investigation will key on the potential First Avenue structure and investigate potential subsurface voids and underground utilities in the project footprint within the two blocks acquired for this project between Lewis Street and Clark Street and 2nd Avenue and Tacoma Avenue. The environmental NEPA process already done for this project will require updating due to the time lag, changes in policies, and revisions to the original project concept with a one-way couplet. The NEPA update will be provided by Widener and Associates as a subconsultant to J -U -B Engineers, Inc. The City is also aware of the limits of the funding available. CONSULTANT will assist AGENCY in investigating funding opportunities such as the new Infrastructure for Rebuilding America (INFRA) grant program. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 2 J-U•B ENGINEERS, INC. TASK 1 PROJECT ADMINISTRATION AND PUBLIC INVOLVEMENT CONSULTANT shall provide the Project Management and Stakeholder Involvement. Subtask 1.1 Project Management This task includes the preparation of monthly invoices and status reports, overall project coordination, coordination with other consultants, monitoring the project schedule and keeping the project documentation and files up to date. CONSULTANT will develop scope for future phases of work. CONSULTANT will prepare monthly status reports to accompany monthly invoices. The progress reports will identify earned value comparison of budget to actual costs. The extent of this scope has not been identified and will depend on the extent of design revision. CONSULTANT will assist AGENCY in the right-of-way certification process with WSDOT. The right-of-way has been acquired for this project but the certification process has not been completed. If additional acquisition are needed CONSULTANT will add subconsultant(s) for appraisal and negotiations. WSDOT approved right-of-way subconsultants will be utilized. Assumptions: ❑ Geotechnical subconsultant GeoProfessional Innovation (GPI) ❑ Urban Design, Landscaping subconsultant KPG Interdisciplinary Design (KPG) ❑ NEPA Update subconsultant Widener and Associates ❑ Up to 24 months of project management Deliverables: ❑ Project Schedule and updates ❑ Monthly invoices and Project Status Reports Subtask 1.2 QC, Submittals and Review CONSULTANT will perform an internal QA/QC review of the concepts, plans, calculations, opinions of probable cost and reports. Submittals will be provided to AGENCY for the opportunity to review and comment. CONSULTANT will document review comments, proposed action and meet with AGENCY as needed for comment resolution. Assumptions: ❑ Two submittals to BNSF Railway ❑ After the conceptual alternatives are defined, three design submittals for AGENCY review at 30%, 60%, 90%. ❑ Only minor revisions for 100% Final Documents including stamped documents based on the current standards at the time of submittal. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 3 iJ'U-B'h J -U -B ENGINEERS, INC. ❑ AGENCY will provide a single set of review comments within 3 weeks of submittal. Deliverables: ❑ 30% BNSF Preliminary Design Submittal ❑ 100% BNSF Final Design Submittal ❑ City 30% Submittal ❑ City 60% Submittal ❑ City 90% Submittal ❑ Final Submittal — Bid Documents Subtask 1.3 Project Meetings This task involves approximately two per month team meetings/conference calls, meetings with other consultants as needed, progress meetings with the AGENCY. As requested CONSULTANT will prepare for and attend special meetings such as City Council updates. CONSULTANT will assist AGENCY in preparation of City Council presentations and developing information used to work with other consultants and stakeholders for disseminating design alternatives and design information. AGENCY has hired a Consultant (KPG) to assist with the downtown revitalization efforts. CONSULTANT will coordinate with KPG to identify conceptual themes for architectural and streetscape features. Assumptions: ❑ 24 months project administration duration with 12 AGENCY Meetings ❑ Estimated 4 presentations to City Council ❑ Estimated 40 Team Meetings/Conference Calls approximately twice per month Deliverables: ❑ AGENCY Meeting Agendas and follow up summaries ❑ City Council Presentations Subtask 1.4 Stakeholder Involvement CONSULTANT will support AGENCY with public outreach. AGENCY will take the lead in working with the downtown stakeholders in communicating project objectives and gaining input. The Langdon Group is a public involvement subsidiary of J -U -B ENGINEERS, INC. and will be available to support AGENCY as requested. CONSULTANT will prepare exhibits including renderings and videos depicting concepts of alternatives for use with the public and downtown business community. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 4 ('J'V� J -U -B ENGINEERS, INC. Assumptions: ❑ Estimated 3 days of individual stakeholder meetings ❑ CONSULTANT or AGENCY will provide a bilingual interpreter Deliverables: ❑ Renderings of Concepts (6) ❑ Videos of Concepts (4) Subtask 1.5 Public Open House or Meeting CONSULTANT will assist AGENCY in the planning and facilitating of public meetings. CONSULTANT will attend to present and answer questions on the design aspects of the Lewis Street Redesign. If requested, CONSULTANT will prepare venue, display boards, advertisements, sign -in sheets, comment forms, refreshments, etc. CONSULTANT will also prepare and coordinate distribution of notifications to public and stakeholders. Upon completion of the open house, CONSULTANT will provide AGENCY with open house summary report, including comments received at the event. Assumptions: ❑ One open house ❑ Updates to City of Pasco's project web page will be by AGENCY ❑ CONSULTANT or AGENCY will provide a bilingual interpreter Deliverables: ❑ Design/develop/draft/print meeting displays, advertisements and project information materials ❑ Event information for AGENCY web page and social media ❑ Open house summary report TASK 2 DATA COLLECTION CONSULTANT shall provide supplemental topographic surveying, utility coordination, and updates to the project base map. Subtask 2.1 Utility Coordination and Request Locates CONSULTANT shall make utility locate requests prior to topographic surveys and obtain field information. CONSULTANT will coordinate with AGENCY staff on updated waterline improvements. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 5 l ('J -ULB..) J•U-B ENGINEERS, INC. Subtask 2.2 Topographic Surveys CONSULTANT will provide topographic surveying for the areas changed. The original mapping was performed utilizing high definition laser scanning. Much of the buildings and infrastructure, between Lewis Street and Clark Street from 2R' Avenue to Tacoma Avenue, were demolished within the original project limits. Updated utility information from locates will be surveyed for base map updates. Assumptions: ❑ Railroad ROW surveying not included Deliverables: Subtask 2.3 Update Base Map CONSULTANT will conduct survey field note reduction, draft topographic survey map, and provide QA/QC review of survey. The original project base map will be updated to reflect new survey information. CONSULTANT will coordinate with AGENCY on the planned improvements for Oregon Avenue to be reflected in design drawings and base mapping. Supplemental topography may be needed after the Oregon Avenue project construction is complete. Assumptions: ❑ The base map will include the original Laser Scanned Survey outside of the limits of supplemental topography surveys. Deliverables: ❑ Project electronic CADD base map updated TASK 3 BNSF RAILWAY COORDINATION Subtask 3.1 Design Submittals CONSULTANT shall coordinate with BNSF Railway to determine the submittal review process of the redesign. Previous design efforts included submittals for Concept Level, 30% Design, and 100% Design submittals. It is anticipated that BNSF Railway will require an updated 30%G submittal of the revised design and an updated 100%G submittal for final review. For the redesign, this scope assumes no additional surveying or other activities requiring railroad flagging or permitting will be needed. Assumptions: ❑ Two BNSF Railway Submittals (30%G & 100%B) Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 6 iJ'U B J -U -B ENGINEERS, INC. ❑ No recent changes within the BNSF right-of-way since the original design Deliverabfes: ❑ 30% Design BNSF Railway Updated Submittal ❑ 100% Design Level BNSF Railway Updated Submittal Subtask 3.2 Maintenance and Operation Agreement Support CONSULTANT shall assist AGENCY in updating/revising the M&O Agreement with BNSF Railway. Previous design efforts led to a draft M&O Agreement. It is anticipated that a new agreement will be required with updated project information. CONSULTANT will assist AGENCY by providing design support information. Subtask 3.3 BNSF Railway Easements CONSULTANT shall assist AGENCY in developing the needed easements for the construction and maintenance of the overpass within BNSF right of way. CONSULTANT will research previous easements prepared during the original design AGENCY negotiations and make edits as needed for the easements and exhibits. Based on previous negotiations, easements needed will include an aerial easement for the structures, construction easements for limits including pier foundations, and an easement for periodic inspection and maintenance. CONSULTANT will coordinate with BNSF Railway and their right-of-way consultant for the current requirements and submittal process. If associated fees are required, AGENCY will pay those fees directly. Assumptions: ❑ The original BNSF Railway easements, prepared for the original design, will be revised to per the new substructure and superstructure dimensions. Deliverables: ❑ Exhibits and legal descriptions for railroad easements TASK 4 PRELIMINARY DESIGN Subtask 4.1 Basis of Design/Design Matrix WSDOT has transitioned to the "Practical Design" approach for all State and Federal WSDOT projects, which includes the documentation of the Basis of Design based on the project scope rather than a Design Matrix. The Local Agency Guidelines (LAG) Manual has not been updated to incorporate the Practical Design approach for local agencies. It is anticipated that the LAG Manual will be revised sometime during the life of this project. CONSULTANT will document design deviations as if they may need to be later developed into "Design Analysis" and the Basis of Design documented. CONSULTANT Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 7 i.J'V B J -U -R ENGINEERS. INC. will base design on the assumption that the federal nexus will require adherence to the LAG Manual and coordination with WSDOT Local Programs. Basis of Design will establish design criteria with the concurrence of the AGENCY. The original design of Lewis Street provided a four -lane roadway and structure in order to match the one-way couplet (two lanes each direction) concept of Lewis and Clark Streets. The redesign will assume Lewis Street to be the main two-way arterial providing one -lane for each direction and optional center lane to accommodate left turns. Continued through access to Clark Street via First Avenue will be part of the redesign. The original design bisected 1st Avenue eliminating the through traffic between Lewis and Clark streets. CONSULTANT will develop a Basis of Design Memo documenting the design criteria in accordance with the WSDOT Local Agency Guidelines (LAG) Manual and WSDOT/AASHTO guidelines as applicable. City of Pasco standards will be incorporated into the project. Conflicting standards with WSDOT/AASHTO will be identified and recommendations provided for compliance. Assumptions: ❑ Current WSDOT Basis of Design (BOD) for Development Services and Local Programs form available through SCR Deliverables: ❑ Basis of Design and supporting documentation Subtask 4.2 Preliminary Roadway Concepts CONSULTANT will develop conceptual layouts for the by eliminating the one-way couplet and providing CONSULTANT will provide concepts for two accommodations for pedestrians and bicyclists. Assumptions: project, which revises the design through access for 1st Avenue. and three lane sections and ❑ Concepts includes at -grade option for 1S1 Ave and an underpass option ❑ Estimated two roadway concepts for west end of project connection to existing streets. Deliverables: ❑ Roadway Concept Exhibits Subtask 4.3 Aesthetic Features and Concepts CONSULTANT will coordinate with subconsultant KPG to develop concepts for aesthetic features for the project. These features will include aesthetic features for the structure, walls and addition of gateway features for example arches, which promote the downtown revitalization theme. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 8 CJ'V B J•U•R ENGINEERS, INC. Assumptions: ❑ Landscaping/street scape concepts coordinated with AGENCY to include downtown revitalization input from stakeholders as identified by subconsultant KPG. Deliverables: ❑ Concept Exhibits Subtask 4.4 Alignment and Profile Redesign Based on the approved roadway and aesthetic feature concepts, CONSULTANT will revise the alignments and profiles of Lewis Street and connecting intersections. The alignment and profile will be designed to tie -into existing grades with smooth transitions meeting design criteria established in the Basis for Design. The profile grade will consider the clearance required for the BNSF Railway overpass and anticipated structure depth. BNSF had previously approved the alignment, profile and layout of piers. Assumptions: ❑ For scoping and budget purposes, it is assumed that the original designed structure alignment, profile, spans and pier locations are still acceptable to BNSF Railway. ❑ The profile revisions will include a solution to providing through access for 1St Avenue. Subtask 4.5 Intersection Conceptual Layouts CONSULTANT shall evaluate intersection layouts for the following: • Lewis St./2nd Ave • Lewis St./1st Ave — At Grade Intersection providing through 2nd Street Access • Lewis StAst Ave — Grade Separation providing through 2nd Street Access • Lewis St./Tacoma Ave • Clark St./2nd Ave • Clark St./1st Ave • Clark St./Tacoma Ave CONSULTANT will coordinate with AGENCY staff including the Fire Department in the concept developments. Pedestrian and bicycle access will be identified during the concept layout. Detailed American with Disability Act (ADA) design is part of the final design and may require revisions for pedestrian access as design progresses. Deliverables: ❑ Intersection Concept Layouts Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 9 ('J -ULB,,) J-U•R ENGINEERS, INC. Subtask 4.6 Storm Drainage & Alternatives CONSULTANT shall utilize as much of the original storm drainage design as practical. CONSULTANT will review concepts and identify revisions needed for final design. CONSULTANT will develop conceptual storm drainage identifying design revisions to incorporate into the final design. Assumptions: ❑ WSDOT Hydraulic Report will not be required. Deliverables: ❑ Conceptual Storm Drainage Layout Subtask 4.7 Right of Way Assessment Right of way support services will be completed in accordance with the AGENCY's Right of Way Acquisition Procedures, including WSDOT's LAG Manual Right of Way Procedures, and the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act. CONSULTANT will assist AGENCY in an assessment of the current right-of-way certification status. Based on the concepts developed and initial preliminary engineering layout, CONSULTANT will evaluate whether additional right-of- way will be required. For this scope, additional appraisals and parcel acquisitions are not included, but will be supplemented if needed. For this initial assessment AGENCY and County Assessor records will be researched. Assumptions: ❑ Title Reports are not included ❑ This scope assumes Right -of -Way Plans are not required and the original City of Pasco plans are still valid. Subtask 4.8 Develop Opinion of Probable Costs CONSULTANT will perform design calculations for quantity takeoffs and develop an Opinion of Probable Costs based for the conceptual designs as requested by AGENCY. Costs may be used for comparison to the original design or alternatives provided in other studies. Deliverables: ❑ Opinion of Probable Costs for Alternatives and Concepts Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 10 (J -U B ' J -U-6 ENGINEERS. INC. Subtask 4.9 Compile 30% Plans CONSULTANT will compile 30% plan set for submittal. The 30% submittal will incorporate the accepted conceptual layouts and identify the proposed aesthetic features. The original design plan sheets will be used as the bases for the 30% submittal. Specific details such ADA ramps, lighting, striping, signage, quantity tabulation and structure notes sheets, etc... will be either be removed from the 30% plans submittal or included as sheet place holders for future submittals. The intent of 30% submittal is to define the roadway and structure geometrics in accordance with the basis of design, and confirm the project footprint and features. Assumptions: ❑ Plan scale, sheet layouts, and drafting standards will be based on the original design plans. ❑ CONSULTANT will incorporate the roadway, structural, and plans developed by subconsultant into a single plan set. Deliverables: ❑ 30% Plan Submittal TASK 5 FINAL DESIGN — PLAN REVISIONS CONSULTANT will try to utilize as much of the original design information as feasible in order to reduce the rework of design elements. The preliminary design outcomes will define the level of effort for the final design and development of ad ready documents. Subtask 5.1 Roadway Design CONSULTANT will further refine the horizontal alignments, vertical profiles, and roadway sections. Earthwork quantities will be computed for each alignment. Retaining wall types, sizes, and locations will be revised. Preliminary intersection plans, including channelization, will be revised along with access for local streets addressed. Roadway safety elements such as guardrail and pedestrian railing will be revised. CONSULTANT will revise the design to eliminate the Lewis Street/Oregon Avenue intersection and signal improvements since this signal was included in the Oregon Avenue improvements project, which will be constructed prior to Lewis Street Overpass. Assumptions: ❑ The currently designed 4 -lane roadway will be reduce to two or three lanes. ❑ The revised alignment will be based on the original structure location. Deliverables: ❑ Refined Roadway Sections ❑ Alignment Sheets Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 11 ('J uLB..) J-U•B ENGINEERS, INC. Subtask 5.2 Drainage Design Revisions CONSULTANT will revise the storm drainage design calculations and summarize the revisions in a design memorandum. The memo will address the revisions to the original design. This memo is not intended to be the level of detail required for WSDOT Hydraulic Report. CONSULTANT will update or prepare new calculations to reflect the design changes. CONSULTANT will compare the availability of the original design components and make recommendations for revisions as needed based on current standards and practices. Assumptions: ❑ WSDOT Hydraulic Report not included Deliverables: ❑ Drainage Design Memorandum Subtask 5.3 Utility Coordination and Design Revisions CONSULTANT will contact utilities and request their verification of locations shown in the original plans. CONSULTANT will update utility information based on survey locates and information provided by each utility. CONSULTANT will document contact and project information and decisions. CONSULTANT will review the original waterline design with AGENCY staff and revise to reflect improvements made near the project and overall system configuration. Other than City utilities, designs for utility relocation is to be provided by the utility including all relocation activities during construction. Assumptions: ❑ AGENCY will provide plans and documentation of recent waterline projects in the area and verification of City utility information. Deliverables: ❑ Utility Coordination Log Subtask 5.4 Traffic Control Phasing and Plans CONSULTANT will update the construction phasing sequences and traffic control plans to reflect the design revisions including eliminating the Lewis -Clark Couplet design. As part of stakeholder coordination, the proposed traffic control and impacts to downtown businesses will be presented as part of the public involvement headed by the City. CONSULTANT will provide detour layout, traffic control strategies. CONSULTANT will develop a construction schedule to determine the time for construction. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 12 ('J'V� J'U'B ENGINEERS, INC. Assumptions: ❑ The original design included traffic control phasing for connecting to a one-way Lewis -Clark couplet. The traffic control phasing will be redesigned based on maintaining the existing two-way traffic on Lewis Street & Clark Street. Deliverables: ❑ Construction Schedule ❑ Revised Traffic Control Plans Subtask 5.5 Compile Contract Plan Submittals CONSULTANT will prepare final plan sheets incorporating design revisions identified from the preliminary design. CONSULTANT will incorporate additional landscaping, streetscaping and aesthetic design features chosen as part of the Preliminary Design. CONSULTANT will submit 60% plans with an updated opinion of probable costs estimate. CONSULTANT will provide a draft outline for the Special Provisions of non- standard items that will be included in the final bid documents. CONSULTANT will submit 90% plans, specifications and opinion of probable cost estimate. CONSULTANT will incorporate review comments into a final set of contract documents ready for advertisement. Assumptions: ❑ The original design plans revised to incorporate the design revisions to approximately 230 sheets. Deliverables: ❑ 60%B Plan Submittal ❑ 90% PS&E Submittal ❑ Final ad ready PS&E Subtask 5.6 Opinion of Probable Cost Estimate CONSULTANT will update design quantities including Quantity Tabulation Sheets and Structure Notes Sheets to reflect design changes. CONSULTANT will conduct QC of quantities and develop an Opinion of Probable Costs based on revised quantities. Estimates will be compared to historic bid records of local agency projects and WSDOT projects. Assumptions: ❑ The original unit bid items will remain. Additional bid items will be added for aesthetic features added to the project. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 13 (rJ'V B J." ENGINEERS, INC. Deliverables: ❑ 60%G Opinion of Probable Costs Preliminary Design Submittal ❑ 90%G Opinion of Probable Costs Final Design Submittal ❑ Final Opinion of Probable Costs Subtask 5.7 Specifications Revisions CONSULTANT will update the specifications to reflect the revised design and to incorporate WSDOT/APWA specification revisions since the original 2010 based specifications were initially developed. It is anticipated that AGENCY will provide the front-end standard bid documents and CONSULTANT will provide special provisions, general special provisions, and addendums. AGENCY will compile the ad ready bid documents. Bid Ready Documents will include the BNSF Railway Final Agreement with the City. Assumptions: ❑ AGENCY will provide the City standard front-end contract documents for Federal Aid projects. Deliverables: ❑ 60%G outline of Special Provisions ❑ 90%G Specifications ❑ Final ad ready documents Subtask 5.8 Bid Assistance CONSULTANT staff will be available to assist in responding to contractor questions during the bidding process. Assumptions: ❑ Construction administration assistance and construction observation would be a supplement to this scope of work. TASK 6 STRUCTURES DESIGN REVISIONS CONSULTANT will provide the structural design including the overpass bridge superstructure, substructure, piers and foundations, and structural walls. The original design criteria was in accordance with AASHTO LRFD and the WSDOT Bridge Design Manual. CONSULTANT will provide the structural design for a new single span structure for First Avenue. This structure will provide through access to accomidate emergency vehicles btween Lewis Street and Clark Street. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 14 iJ':J� J -U -B ENGINEERS, INC. Subtask 6.1 Revised Situation and Layout (S&L) CONSULTANT will review the original design criteria and identify design and/or calculations that will need to be revised due to new standards or procedures. CONSULTANT will incorporate those changes along with design revisions based on the outcome of the concepts. CONSULTANT shall prepare S&L plans based on the revisions to the Lewis Street bridge width and other accepted concepts. CONSULTANT will evaluate the type, size and location of a grade separation structure for 11' Avenue and Lewis Street. During the initial concepts, CONSULTANT will provide alternatives for potential type of structure such as box culvert or simple span and budget level cost comparisons. CONSULTANT will provide a Technical Memorandum with cost comparisons of structure types. CONSULTANT will design the 1 SI Avenue structure and incorporate into the overall contract plan, specifications and estimate (PS&E). Assumptions: ❑ The four lane width structure in the original design will be reduced to a two or three lane structure width. Width will be determined during conceptual design outcomes. ❑ The original structure type, location and span lengths will remain the same. ❑ Aesthetic features will be added to the structure ❑ The revised S&L will be provided in the preliminary design BNSF Railway resubmittal. Final S&L will incorporate revisions from BNSF & AGENCY review. ❑ A single span bridge overpass for First Avenue is included in the project. Deliverables: ❑ Memorandum TS&L for First Avenue Structure ❑ Preliminary Situation and Layout (S&L) ❑ Final Situation and Layout (S&L) Subtask 6.2 Superstructure Design CONSULTANT shall redesign Superstructure plans and prepare calculations for the superstructure. An independent QC review by CONSULTANT of the superstructure plans and calculations will be completed, and changes made. Assumptions: ❑ S&L is approved by BNSF Railway prior to this task. ❑ Original Bridge Plan Sheets will be used as Basis for Revised Sheets Deliverables: ❑ 60% Superstructure (Lewis St. Bridge) Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 15 iJ.V B J'U•R ENGINEERS, INC. ❑ 60% Superstructure (11 Ave Bridge) ❑ 90%G Superstructure (Lewis St. Bridge) ❑ 90% Superstructure (1st Ave Bridge) ❑ Final Design Submittal Subtask 6.3 Redesign & Prepare Substructure Plans CONSULTANT shall redesign substructure plans and prepare calculations for the substructure. An independent QC review of the substructure plans and calculations will be completed, and changes made. Assumptions: ❑ S&L are approved by BNSF Railway prior to this task. ❑ Original Bridge Plan Sheets will be used as Basis for Revised Sheets Deliverables: ❑ Draft substructure design. Subtask 6.4 Prepare Bridge Summary Sheets CONSULTANT shall determine bridge unit items and quantities and bridge summary sheets will be produced for this structure. An independent QC review of bridge items and quantities will be performed. Adjustments from the QC review will be made. Assumptions: ❑ Plans will be developed as a part of the overall bid package. ❑ Quantity calculations will be provided in final design package. Deliverables: ❑ Bridge Summary Lewis Street Overpass ❑ Bridge Summary First Avenue Structure TASK 7 URBAN DESIGN, LIGHTING, LANDSCAPING, IRRIGATION (KPG) This task will be provided by subconsultant KPG: OUTLINE OF SERVICES It is proposed that these Urban Design, Lighting, Landscape and Irrigation Design Services will be provided in two stages. The first stage is conceptual design of corridor/gateway/overpass enhancements resulting in a preferred alternative. The second stage is designing the preferred Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 16 ('JV� J•U•B ENGINEERS. INC. alternative and developing construction documents. The attached Scope of Work provides the details for the project. CONCEPTUAL DEVELOPMENT TASKS This work will consist of assisting the design team in fine-tuning the urban design and landscape of the corridor. This work will consist of developing one or more gateway alternatives for discussion with project stakeholders through a series of meetings and presentations. The preferred alternative will be carried forward to a level of detail that identifies the parameters of location, scale, general dimensions, materials and character. CONSTRUCTION DOCUMENT TASKS This work will include custom details and/or research for specifications and cost estimates will be required for the architectural design/materials/colors/finishes of railing/screens and related elements, wall treatments & finishes, lighting fixtures and photometrics, and other urban design bridge treatments. Details and redlines will be provided for final drafting/structural design and coordination by J -U -B. Landscaping and Irrigation plans and Lighting plans will be provided by the KPG. SCOPE OF WORK Subtask 7.1 Coordination/Administration The CONSULTANT shall provide continuous project management and administration for the project duration (24 months). The CONSULTANT shall prepare and attend design team meetings (30). The CONSULTANT shall attend project coordination meetings (4). The CONSULTANT shall attend provide internal QA/QC reviews. Assumptions: ❑ Coordination meetings with J -U -B, project team and/or City. Subtask 7.2 Conceptual Design The CONSULTANT shall provide conceptual design alternatives and refinement for selecting preferred alternatives for urban design, roadway and accent lighting and landscape elements, including railings, light fixtures, wall treatments, and related features. Assumptions: ❑ Team meetings/Conference Calls ❑ Conceptual alternatives Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 17 iJ'V� J -U•8 ENGINEERS. INC. ❑ See Assumptions 7.3 Deliverables: ❑ Conceptual drawings to convey urban design, roadway and accent lighting and landscape elements, including railings, light fixtures, wall treatments, and related features. Subtask 7.3 Final Design and Construction Documents It is anticipated that the final design drawings may include the following: • Landscape Plan Sheets (est 7) • Irrigation Plan Sheets (est 7) • Landscape and Irrigation Details (est 4) • Urban Design Details (structural design by J -U -B) (est 4) • Illumination — Roadway, Overpass, Accent Lighting (est 13) • WSDOT Special Provisions/specifications The CONSULTANT shall prepare 30% Plans The CONSULTANT shall prepare 60% Plans, specifications and cost estimates. The CONSULTANT shall prepare 90% Plans, specifications and cost estimates. The CONSULTANT shall prepare 100%/Bid Ready Plans, specifications and cost estimates. Assumptions: ❑ Final Design of preferred option ❑ Construction plans, specifications and estimates ❑ 30%/60%/90%/Bid submittals Deliverables: ❑ 30%/60%/90%/Bid submittals ❑ Lighting report KPG: • Provides conceptual design based on J -U -B provided overpass baseline drawings. • Provides landscape, irrigation and lighting plans and details. • Provides up to 2 different illumination layout alternatives and associated design reports. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 18 (J- J•U•B ENGINEERS, INC. • 30% illumination Plans and Cost Estimate with the following level of details: luminaire pole locations, luminaire schedule including station/offset, fixture specifications and mounting height and preliminary construction notes. • Following illuminations submittals shall include Plans, Specifications, Estimates and relevant electrical calculations. Plan sheets will include following additional detail: updated construction notes, junction box locations and type, conduit, wiring, proposed electrical service locations, power source, one line circuit diagrams, service panel schedule and details as required. Luminaire to bridge attachment details shall be provided and stamped by a structural engineer. • Provides urban design details to be coordinated/integrated by J -U -B with overpass structure. • Digital copies of all deliverables in requested format. • Presentation Materials for public and city meetings. • Prepare urban design, lighting, landscape and irrigation for review and approval by the City of Pasco. Specifications shall be based on current WSDOT/APWA standard specifications using city boilerplate or J -U -B boilerplate in Microsoft word. J-U-B/CITY: • Provide structural and civil geotechnical design support (including soils lateral bearing pressure) and full coordination of urban design elements. • Provide AutoCAD basemap information including proposed roadway and overpass improvements. • Provide basemap design files for each design submittals. • Public involvement, stakeholder, city meeting arrangements. • Provide specifications in Microsoft Word format. • Incorporate KPG's urban design details for bridge, roadway, wall treatments, railings, etc. into J -U -B Plans. • Point of connection for water and electrical for landscape irrigation system. • Right of way determination, acquisition, easements, rights of entry, and/or temporary construction permits will be handled by the J -U -B. • J -U -B will complete all coordination with private and public utilities including relocation of utilities, potholing and electrical service connections. Coordination with BNSF Rail will be completed by the J -U -B. • Coordination with WSDOT, if required, will be completed by the J -U -B. • Cost estimate deliverables shall be submitted in MS Excel and PDF format. J -U -B will compile the submitted specifications and estimates into the project documents. Illumination system cost estimate shall be per lump sum. A lump sum breakdown shall be provided upon a request. • As-Built/Record drawings are not included in the scope of work. • Temporary illumination, traffic control/construction staging/detour plans are not included in this scope of work. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 19 -I-- (rJ'V J -U -R ENGINEERS, INC. • Plan sheets will be formatted per J -U -B (City?) standards. • Illumination Plan sheets will be scaled at 1" = 20' with 20 foot overlap at each continuation line. • All Plan sheet deliverables shall be submitted in PDF format. • KPG's ad -ready documents will be printed by the KPG and delivered as full size (22"x34") with original signatures. • Information to be provided by J -U -B: • Topographic basemap, proposed civil design and updates in Autocad format; • Preferred alternative roadway geometric linework and proposed utilities (public and • private, including OH wiring elevations, where clearance issues may be anticipated) in AutoCAD format; • City CAD standards including layering and typical symbols; • Corridor CAD sheet layouts with match line locations in AutoCAD format; • Latest City of Pasco Right -of -Way Design Manual and City Boiler Plate Specifications; • Master project schedule and updates. • Wall profiles for an urban design treatments/designs. TASK 8 GEOTECHNICAL INVESTIGATION Additional geotechnical investigation will be provided by subconsultant GeoProfessional Innovation (GPI), within the two -block area comprised of 2nd Avenue to Tacoma Avenue and between Lewis Street and Clark Street. EXISTING CONDITIONS The project area for the new alignment east of Tacoma Avenue is bound to the west by Tacoma Avenue, to the east by 2nd Avenue, to the north by Clark Street, and to the south by Lewis Street. It encompasses 2 city blocks, which we understand the City of Pasco now owns. As noted in the photograph below, all but 1 building across these lots have been demolished and the project area is relatively level. We understand demolition activity did not remove extensive structures below grade and there is suspicion of potential "Chinese tunnels" that may exist as historic conduits of migrant labor access portals to the adjacent railyard. Public and franchise utilities are expected to remain along each roadway around the perimeter of these blocks and access the one building that is intended to remain at the intersection of 1st Avenue and Clark Street. PROPOSED CONSTRUCTION We understand that the Lewis Street railroad overpass will intersect Tacoma Avenue at approximately +30 feet above Tacoma Avenue's center line. Originally conceived, the roadway embankment is to be constructed of mechanically stabilized earth (MSE) that tapers in elevation from west to east, across 1st Avenue, ultimately intersecting at 2nd Avenue at its original intersection with Lewis Street. The realigned Lewis Street would be elevated 12 to 16 feet Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 20 (FJ -U- J-U•G ENGINEERS, INC. above 1st Avenue and would functionally block it under this configuration. However, the City of Pasco desires 1 st Avenue to remain functional and publically accessible. To keep 1st Avenue open, an overpass is required. This overpass is envisioned to be a span of approximately 50 to 60 feet without center piers. Conventional or MSE abutments will be constructed on either side of 1st Avenue to support single or double "T overpass girders and facilitate an approximate 22 -foot wide (2 -lane) bridge deck plus sidewalks. The overpass elevation is still under consideration but would appear to need at least 20 to 22 feet clear vertical span to allow for girder depth (structure) and traffic. To facilitate this height and meet grade transitions at 2nd Avenue, list Avenue may be lowered several feet. The extent 1st Avenue can be lowered will likely be dictated by utilities, specifically existing stormwater grades. Stormwater detention and infiltration facilities are planned immediately south and west of the intersection of 1st Avenue and Clark Street. The asphalt pavement section for new roadways has been determined as part of original design and prescriptive pavement requirements. No other structures are envisioned at this time. PROJECT APPROACH We understand the overall Lewis Street overpass and alignment is in final design and that the original geotechnical engineering evaluation (prepared by our team under Strata, Inc.) for the project will be relied on from Tacoma Avenue west. As J -U -B advances final design, we also understand that GPI is to provide geotechnical assistance in the alignment modification evaluation from Tacoma Avenue to 2nd Avenue. Therefore, our proposed scope is to provide a geotechnical engineering evaluation that further explores the subsurface in this area and provides geotechnical recommendations to assist project planning, design, and construction specific to this section of the overall project. These recommendations will principally be focused on structural and embankment foundation requirements for the new overpass over 1st Avenue. Previous borings performed by Strata (B-5, B-10, B-11, B-12) provide near -surface soil characteristics. From our discussions with you and the standard of care for this infrastructure investment, we recommended deeper exploration be advanced at the proposed abutment locations for the 1 st Avenue overpass and a couple of additional borings along the Lewis Street alignment east of 1st Avenue to fill in subsurface data gaps. Additionally, if 1st Avenue is to be lowered, the substrate needs to be evaluated along with the current pavement section. Therefore, our approach relies on 5 to 6 additional borings along the alignment with 2 of those borings extending 80 to 100 feet or to refusal on bedrock at the proposed abutments. An additional boring scope alternate can be considered in conjunction with infiltration testing at the stormwater facility planned at Clark Street and 1 st Avenue. The alignment described above is under consideration by the City of Pasco. We understand the City of Pasco is the governing and funding project entity and will gauge the viability of an overpass over 1st Avenue based on access limitations, grades at the 2nd Avenue intersection, and the overall investment required to construct a second overpass. Design will generally adhere to Washington State Department of Transportation (WSDOT) Geotechnical Design Manual (GDM), 2018 WSDOT Standard Specifications for Road, Bridge and Municipal Construction (2018 WSDOT Standards) and American Association of State Highway Transportation Officials (AASHTO) Load Resistance Factor Design (LRFD) Bridge Design Specifications, but does not require WSDOT design review or approval. Therefore, there are no specific report formats GPI must follow as part of our design. We recommend the exploration Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 21 iJ'U J•U•R ENGINEERS, INC. plan be reviewed with the City of Pasco prior to initiating exploration to reduce the potential for rework and unexpected remobilizations to meet design requirements. GPI plans to, in part, rely on the previous soil borings listed above, as well as previous laboratory testing to help reduce impacts to the overall project budget. Due to the presence of suspected near -surface (within 10 feet) voids and/or historical utilities or tunnels, as well as the recent demolition activities, you request that we delineate a scope alternate for geophysical survey to bolster our exploration. We have incorporated that into the scope below. We also delineate it as an alternate fee. The advantage of performing geophysical survey services at the time of exploration is that further utility clearance can be obtained in the exact exploration locations. PROJECT APPROACH ASSUMPTIONS Our exploration approach is based on some assumptions and our interpretation of anticipated design requirements. We assume it is acceptable to perform exploration in the alignment section of interest during a single event (i.e. one mobilization) providing exploration locations are coordinated in advance. For our schedule, we assumed the alignment will be available to explore between October 15 and December 1, 2017m using truck -mounted equipment. We anticipate exploration can be accomplished during normal business hours (7 am -7 pm). Given the original exploration identified bedrock in excess of 75 feet below the surface, should bedrock be encountered within the 2 planned deep borings, we assume it is not necessary to core bedrock to verify its weathering and competency. We will potentially require coordination with the City of Pasco to arrange for access to the exploration locations, as well as their acceptance to block 1 lane of traffic and all parking along 1st Avenue for boring exploration in the roadway. Our scope proposes to provide Y2 -day of traffic control during these explorations. Assumptions: In addition to the above assumptions regarding exploration, the following text summarizes several other assumptions we relied on in developing our geotechnical scope: ❑ We assume that new overpass foundations for the 1st Avenue overpass will be similar to those planned for the Lewis Street overpass. That is, conventional cast - in -place, continuous foundations bearing on reinforced granular soil improvements over native soil. ❑ Construction staging, shoring, and excavation plans will be provided by the contractor and do not require GPI's design involvement. ❑ Concrete sidewalks, curbs, gutters, and asphalt -paved parking areas will be constructed per WSDOT or City of Pasco Standards or special provisions and do not require GPI's design involvement ❑ The City of Pasco or J -U -B will obtain permits required to perform exploration in City of Pasco ROWS ❑ J -U -B will survey exploration locations and supply AutoCad files with the boring layout as well as collar elevations. We will rely on J -U -B for structure alignment, stormwater swale locations and to provide necessary drawing support, specifically the alignment plan and profile. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 22 (rJu�B% J -U -B ENGINEERS. INC. ❑ It is our understanding that GPI is not required to provide our report information in Microstation format. Report and technical information can be presented in Standard English units. 2018 WSDOT Standards will be referenced for material and construction requirements The above assumptions are critical to the exploration scope and fee. We understand the City of Pasco and J -U -B agree with these assumptions and understand the associated risks and design budget savings. Subtask 8.1 Geotechnical Evaluation CONSULTANT team will met with AGENCY representatives at the project site to review site surface conditions along the proposed alignment and establish exploration access and schedule. Locate borings with survey staff and the City of Pasco relative to areas of interest, mutually established by the project team. Preliminary exploration locations are illustrated on Plate 1, attached to this proposal. Subtask 8.2 GPR and Utility Locates GPI will retain a private utility locating service to identify existing private utilities within planned exploration locations immediately prior to exploration. If this service is authorized, we will meet with City of Pasco personnel and our private locating subconsultant within 2 hours prior to initiating boring exploration. While meeting with City of Pasco personnel, our private locating subconsultant will delineate and demarcate utilities within 10 feet of planned exploration locations. Where necessary, exploration locations will be adjusted to avoid located utilities. Subcontract and explore the site using GPR and an electro -magnetic (EM) survey. The EM survey will use a Geonics EM -61 MKII high sensitivity metal detector and data will be collected across the site on transects spaced 5 or 10 feet apart (pending J -U -B's assessment of limitations and fees). The 5 -foot spacing is recommended. Data will be recorded at 5 readings per second along each transect and digitally recorded on an Allegro CX data logger using NAV61 software from Geomar. Additionally, ground penetrating radar survey (GPR) will be conducted using a GSSI SIR3000 control unit and a 400 MHz antenna. GPR data will be collected across EM anomalies. Location control will be established using a Trimble Pro6H GNSS receiver outputting a NMEA GGA string to the Allegro CX data logger. EM data will be converted to NAD83 State Plane coordinates using Didger from Golden Software. Geo -referenced data will be gridded and contoured using Surfer 13 from Golden Software. The culmination of data will be available in a separate report if useful for RSD. Excerpts and extrapolations will be included in the geotechnical deliverable. Subtask 8.3 Exploratory Borings Subconsultant GPI, will advance 5 to 6 exploratory borings along the conceptual alignment between 1st Avenue and 2nd Avenue as shown on Plate 1. We propose 2 borings (1 at each abutment extending 80 to 100 feet below the surface. One to 2, 30- to 40 -foot borings will be advanced at the MSE embankment alignment east of 1st Avenue. Finally, 2 borings are planned along the 1st Avenue alignment, 1 on each side of the Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 23 ('J'V� J-8-8 ENGINEERS, INC. overpass crossing. Borings will be advanced via hollow -stem auger drilling. Where borings are refused on debris, boulders, bedrock, or other obstructions, coring is not planned and the boring will be terminated. Subtask 8.4 Stormwater Boring Subconsultant GPI will provide an additional, 10 -foot -deep boring, to be performed concurrently with the exploration outlined above, within the planned stormwater detention/infiltration location outlined by J -U -B. Accomplish 1 field infiltration test during the first phase of fieldwork to evaluate the near surface soils' infiltration characteristics referencing the boring infiltrometer methods outlined in Appendix 66 of the Washington State Department of Ecology (Ecology) Stormwater Management Manual for Eastern Washington. We will also correlate infiltration test results to grain size distribution laboratory test results referencing regional stormwater correlations to identify potential stormwater disposal methods. Borings will be backfilled at the conclusion of exploration, then plugged with bentonite at the surface and patched with cold asphalt, where they penetrate existing asphalt in 1st Avenue. Exploration locations will not be landscaped or compacted. Some site rutting from drill access and other surficial disturbance should be expected. Excess soil from borings will remain on site in the vacant lots. Soil encountered in the borings will be visually classified with reference to the Unified Soil Classification System (USCS). Subsurface profiles will be logged. The depth to groundwater, if encountered, will be recorded. Soil samples will be obtained via standard penetration (SPT) at 5 -foot intervals. Subtask 8.5 Laboratory Testing Select soil samples obtained during exploration will be tested in our laboratory to evaluate some soil engineering properties. Laboratory tests will be accomplished with reference to AASHTO and/or ASTM International procedures and may include, but are not limited to: • Natural Moisture Content Sulfates • Atterberg Limits • Grain -size Distribution • pH • Resistivity • Consolidation Potential • Direct Shear • Maximum Dry Density • Optimum Moisture Content Where soil is encountered during exploration that is not conducive to undisturbed sampling and subsequent strength and/or consolidation testing, values will be correlated to field data and index laboratory test results. Subtask 8.6 Geotechnical Report Summarize the information obtained from field and laboratory testing, engineering analysis, and prepare a geotechnical evaluation report, including exploration logs, final alignment plan (base to be provided by J -U -B). This final report will include details Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 24 l iJ'VB J -U-6 ENGINEERS. INC. associated with the anticipated geotechnical design and construction aspects outlined below. The following outlines the anticipated major report topics: • Soil Engineering Characteristics — Summarize field and laboratory test results and correlated soil engineering characteristics. • Roadway Subgrade Preparations — Outline earthwork characteristics necessary to establish subgrade for the support of embankments and asphalt pavement sections. • Excavation Characteristics — Evaluate temporary excavation slope criteria for soil slopes referencing Washington Administrative Code (WAC) Chapter 296-155. • Performance Criteria for Contractor Supplied Conventional or MSE Wall Systems — Provide required internal and external stability safety factors, vertical and lateral deflection/settlement tolerances for retaining walls and MSE systems based on soil conditions encountered during exploration. • Permanent Soil Slope Stability — Perform global stability analyses on cut and fill slopes to recommend slope angles with reference to LRFD methodology assuming a minimum capacity to demand ratio of 1.0. • Wet Weather/Wet Soil Construction — Construction considerations where earthwork spans potentially wet weather or wet seasons. • Stormwater Management Facilities - If additional infiltration testing is advanced, we will provide recommended soil infiltration rates for stormwater design verification by J -U -B. We will also identify potential limiting soil layers within 5 feet of the discharge elevation. • Overpass Bridge Foundation Design Criteria — Provide geotechnical foundation design criteria for shallow, conventional abutments referencing LRFD methodology, abutment lateral earth pressures, and required foundation preparations. Using published correlations to bedrock in the project area and results from exploration, provide seismic site class, geologic profile, liquefaction potential, and seismic response. • Embankment Construction — Provide embankment subgrade preparation requirements and embankment construction criteria in reference to 2018 WSDOT Standards. Embankment settlement estimates and fill slope criteria including final preparations will also be provided. • Structural Fill Requirements — Imported granular borrow, aggregate subbase, and base recommendations and recommended specifications for on-site or imported soil or structural fill will be provided referencing 2018 WSDOT Standards. • Corrosion Potential — Buried concrete structures and utilities are expected, and the soil corrosion potential will be summarized with respect to WSDOT Standards for the soil profile materials. Existing structure evaluation for corrosion is not part of this scope. • Geosynthetic Applications — Summarize subgrade or soil stabilization geosynthetic materials that may be required for the project. Material specifications will be referenced to WSDOT Standards. Wall geosynthetic requirements will not be provided since MSE walls will be contractor supplied. • Over -Excavation of Unsuitable Soil — Where uncontrolled fill, excessive topsoil, soft, wet or otherwise unsuitable soil are encountered in the locations explored, necessary Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 25 (rJ'U-B'l J -U -B ENGINEERS, INC. areas of removal and replacement will be summarized along with recommended replacement materials to achieve the subgrade design criteria. Additional Recommended Services — A summary of additional services recommended to help provide project continuity, and assist the project team throughout design and construction will be provided. Subtask 8.7 Geotechnical Plan Review Subconsultant, GPI will provide final design review of applicable plans and specifications as the project bidding documents are prepared. The purpose of our review is to help provide geotechnical consistency between project planning, design, and construction. A single plan and specification review iteration is expected. Assumptions: ❑ Attend 1 project meeting with appropriate design officials and project team members to review our preliminary soil and geologic findings Deliverables: ❑ The report draft will be provided to J -U -B and the City of Pasco for review. Once review comments are provided to us by the project team, we will revise and finalize the report. We will provide our deliverable in electronic format; however, if required, we can supply up to 6 hard copies. TASK 9 NEPA UPDATE - ENVIRONMENTAL DOCUMENTATION AND PERMIT COORDINATION (WIDENER AND ASSOCIATES) Widener and Associates, as a subconsultant to J -U -B Engineers, will assist the City in the preparation of environmental documentation and permitting of the project by providing the following services. Subtask 9.1 Design Assistance and Early Agency Coordination Early input into the formation of project alternatives will be provided to ensure each alternative includes provisions to minimize impacts to the surrounding environment. This coordination within the various design elements of the project will identify and incorporate minimization measures early in the alternative development phase of the project and will ensure that an appropriate range of alternatives are developed prior to the agency coordination. CONSULTANT will assist the City in presenting the alternatives to both the state and federal permitting agencies to identify the regulatory issues associated with each alternative. Potential minimization measures for each alternative will also be identified during the coordination with agency representatives. All permitting issues and the recommended permitting process for the preferred alternative will be documented in the project TS&L report. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 26 ('JV , J -U -B ENGINEERS, INC. It is assumed that this effort will be accomplished with the graphics and design drawings required to complete the TS&L and to conduct the open houses and that no other special presentation materials are required. Deliverable(s) ❑ CONSULTANT's permitting specialist will prepare meeting minutes and memoranda documenting the coordination activities with state and federal agencies, as required. Subtask 9.2 Noise Study The purpose of the Traffic Noise Report is to evaluate traffic noise levels at sensitive receptors near the project that would be potentially affected by traffic noise and to identify potential mitigation measures. The Traffic Noise Report will be developed in accordance with the Washington State Department of Transportation's Environmental Procedures Manual. 1. Sound Level Measurements: After review of the proposed project alternatives the Consultant shall visit the project area to identify potentially sensitive noise receivers and to take measurements of existing sound levels. The Consultant will measure existing noise levels during the peak hours to be used in calibrating the noise model. Measurements will be undertaken in accordance with WSDOT and FHWA guidelines and will be made with a Type 1 sound level meter. During these measurements, sources of existing noise and topographical features will be noted, and traffic speeds and vehicle numbers and mix will be noted. 2. Construction Noise Impact Evaluation: The noise analysis will evaluate potential short-term impacts of noise from construction activities. Construction noise on nearby sensitive receptors will be evaluated based on estimates published by the U.S. Environmental Protection Agency (EPA) of maximum noise levels of typical construction equipment in conjunction with simple distance attenuation. Computer modeling of construction noise levels will not be performed. 3. Traffic Noise Impact Evaluation: The Consultant will evaluate traffic noise impacts using the FHWA Traffic Noise Model (TNM) to estimate future traffic noise levels for the worst-case build alternative. The worst-case scenario will be selected from among the build alternatives, and will be chosen based on expected future traffic volumes and the location of the alignment relative to sensitive receivers. The noise modeling will predict PM peak -hour Leq noise levels from traffic at a maximum of fifteen (15) receptor locations that could be affected by the proposed project and will consider existing conditions and design year conditions. Modeling to calculate noise contour lines is not included. 4. Mitigation Analysis: The Consultant will identify mitigation measures to reduce noise levels during construction. If predicted long-term traffic noise levels from operation of the Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 27 CJUB� J -U -B ENGINEERS, INC. project would cause noise impacts, mitigation measures will be developed in cooperation with the lead agency and design engineers. Mitigation analysis, if required, will include evaluation of the effectiveness and general size and location of natural and man-made noise barriers using the TNM model. Deliverables ❑ Three copies of a draft Traffic Noise Analysis Report for review by City with accompanying draft special provisions if required. ❑ Three copies of a draft Traffic Noise Analysis Report, incorporating the City's comments, for submittal to FHWANVSDOT. ❑ Three copies of a revised draft Traffic Noise Analysis Report, incorporating comments by FHWAIWSDOT, for submittal for approval. Subtask 9.3 Environmental Justice Survey Services required to complete an environmental justice (EJ) analysis includes the following main components: 1. Collecting demographic data for the project area using local data sources and the US Census Data. 2. Identifying any environmental justice populations in the area (minority or low- income populations). 3. Review public outreach activities to ensure potential EJ populations are offered an opportunity to participate in project planning and decision-making. 4. Identifying any potential disproportionate effects to EJ populations from project activities and identifying how impacts could not be avoided or minimized and what mitigation measures could be implemented. Deliverable(s) ❑ Three copies of the draft EJ documentation will be provided. ❑ Three copies of the final EJ documentation will be provided incorporating City comments. ❑ Three copies of the final EJ documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Subtask 9.4 Hazardous Materials Memo A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 28 LB,) J•U-R ENGINEERS. INC. would have an effect on the overcrossing project. Sites with potential for environmental issues/impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The scope of services for this study will include: 5. A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. 6. A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. 7. Conduct a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination. 8. A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on-site or off-site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. Deliverable(s) ❑ Three copies of the draft Hazmat Memo will be provided. ❑ Three copies of the Hazmat Memo will be provided incorporating City comments ❑ Three copies of the final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Subtask 9.5 NEPA CE Update Services will be provided to prepare a NEPA Categorical Exclusion Documentation Form (CE) with supporting documentation as required by WSDOT for projects that receive federal funding through WSDOT (Environmental Procedures Manual, Section 300.04). The CE will include the recommended NEPA determination (assumed to be a Class II, Documented Categorical Exclusion). We will document this assumption following the WSDOT Local Agency Guidance (LAG) manual. The project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 29 -0-__ iJ'V� J -U -B ENGINEERS, INC. Deliverable(s) ❑ Three copies of the draft ECS will be provided. ❑ Three copies of the final ECS documentation will be provided incorporating City comments. ❑ Three copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Subtask 9.6 SEPA Update CONSULTANT shall complete appropriate SEPA documentation including all needed studies, modeling, and analysis in accordance with State Environmental Policy Act (RCW 43.21C) and SEPA Rules (WAC 197-11). The Consultant will coordinate with the City of Sumner to address comments on the SEPA Checklist and provide support for the SEPA process. Deliverable(s) ❑ SEPA Checklist TASK 10 FUNDING Subtask 10.1 Funding Support CONSULTANT will assist AGENCY with investigating funding opportunities. For scoping purposes, this assumes general support of project information and exhibits. At AGENCY's request a supplement may be provided for specific application assistance in writing applications such as Transportation Investment Generating Economic Recovery (TIGER) and INFRA grant preparations. Assumptions: ❑ Supplemental effort may be required depending on level of support and grant requirements. LIMITATIONS The following limitations have been identified and will apply to this Scope of Work: Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 30 (JLB J -U -B ENGINEERS. INC. • The full extent of environmental permitting is not known at the time of developing this scope of work. WSDOT and other agencies may require additional rework of documents and additional effort. • Construction Administration and/or Construction Observation tasks are not included in this scope of work but can be supplemented to assist AGENCY during construction to provide. It is recommended that a future supplement to include Engineer of record for the roadway and structure design elements to assure consistency and conformity to the final design. • Right -of -Way appraisals and negotiations are not included in this scope and would require a supplement. • Preliminary and final plans for review will be produced on 11 x 17 sheets. The project final design will remain in the InRoads and MicroStation software used in the original design. The original design plans (221 sheets) will be used as the basis for plans updated to reflect design revisions. The revised design is assumed to be the same number of sheets or less. • No signal design is included. The original design included signal improvements at Oregon Avenue/Lewis Street. The Oregon Avenue intersection and signal improvements are included in the separate Oregon Avenue improvements Project which will be constructed prior to the Lewis Street Overpass project. The previous design signal plans will be eliminated. • One set of ad ready PS&E plans will be provided on full size sheets if requested. • This project will be designed for construction under a single PS&E bid contract. • All BNSF Railway costs, including railroad flagging, permits and agreements, will be paid directly by the AGENCY. • Project schedule is dependent on BNSF Railway review and could also be impacted by environmental and right-of-way phases done by others. CONSULTANT shall provide an initial project schedule as a baseline. • Traffic studies, modeling, and/or projections are not included in this scope. CONSULTANT has in-house staff if required. Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 31 N/A Exhibit B DBE Participation Agreement Number: 30-18-020 Exhibit B -Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1 Exhibit C and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data CONSULTANT shall process and adjust GPS observation data via National Geodetic Survey (NGS) On -Line Positioning Users System (OPUS) website and/or Trimble Business Center (TBC). B. Roadway Design Files CONSULTANT will use design software typical for roadway design and the specific task. CONSULTANT roadway design software consists of AutoCAD, Civil 3D, Microstation and Inroads. C. Computer Aided Drafting Files CONSULTANT uses AutoCAD and Microstation for CAD. Agreement Number: 30-18-020 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant AGENCY may request progress review submittals. Project scope specifies design submittals representing 30%, 60%, and 90% design level. Only minor revisions for 100% final documents. AGENCY will provide a single set of review comments within 3 weeks of submittal. E. Specify the Electronic Deliverables to Be Provided to the Agency CONSULTANT will provide PDF of final PS&E documents. If requested by AGENCY representative files created in Microsoft Word and Microsoft Excel will be provided. F. Specify What Agency Furnished Services and Information Is to Be Provided Entails and correspondence from other agencies impacting the design and management of this project such as BNSF Railway and WSDOT. GIS, and records of City utilities within the project area Right of Way, easements and agreements with the City within the project area Agreement Number: 30-18-020 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 2 of 4 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Email and FTP are the common methods for exchanging electronic data. CONSULTANT will provide a ftp site for this project to exchange files too large for email attachment. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 3 of 4 A. Agency Software Suite Adobe PDF Microsoft Word Microsoft Excel B. Electronic Messaging System email C. File Transfers Format Adobe PDF Microsoft Word Microsoft Excel Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 4 of 4 Exhibit D Consultant Fee Determination - Summary Sheet Cost Plus Fixed Fee Project: Lewis Street Overpass Direct Salary Cost (DSC) Classification Man -Hours Rates of Pay Costs Principal In -Charge 12.0 $77.46 $929.52 Project Manager 439.0 $63.72 $27,973.08 Lead Project Engineer 576.0 $45.83 $26,398.08 Project Engineer 687.0 $41.83 $28,737.21 Structural Manager/QC 558.0 $55.57 $31,008.06 Structural Engineer 1609.0 $42.88 $68,993.92 QC Engineer 156.0 $55.57 $8,668.92 Landscape 138.0 $25.00 $3,450.00 Public Inv. Lead 118.0 $46.05 $5,433.90 Survey Mangr PLS 20.0 $51.80 $1,036.00 Survey PLS 46.0 $28.00 $1,288.00 Survey Crew 40.0 $37.31 $1,492.40 Roadway/Structural Designer/CADD 2814.0 $35.70 $100,459.80 Clerical 82.0 $32.14 $2,635.48 Total DSC = $308,504.37 Overhead (OH Cost - including Salary Additives): OH Rate x DSC of 189.96% $586,027.86 Fixed Fee Fixed Fee 30.00% _ $92,551.31 Total DSC, OH it Profit $987,083.54 Reimbumables: Travel and Per Diem Per Diem 0 days @ $41.00 $0.00 Air Travel 0 trips @ $800.00 $0.00 Mileage 1360 miles @ $0.535 $727.60 Lodging 2 nights @ $100.00 $200.00 Reproduction/Mailing Expenses Exhibit Mounting 10 each @ $50.00 $500.00 Survey Equipment GPS 40.0 hours $18.00 $720.00 Reimbursable Sub -Total $2,147.60 Subconsultant Costs: GPI $50,864.47 KPG $219,480.60 Widener $126,733.60 Subconsultant Costs $397,078.67 Original Agreement Credit ($21,554.47) Total $1,364,755.34 Total(Rounded $100) $1,364,800.00 Management Reserve 0% $0.00 Grand Total $1,364,800.00 Prepared by: Rick Door Date: 11/6/2017 File: City of Pasco - Lewis Street Overpass Fee with NEPA 11416-17.x1s PE Fees Exhibit 0 0 0 0 0 0 0 0 0 E $ V ze' s _ T A i2i' 30 =s 5 E.'m a=e eoe E E �8 z` n n d m m iii ,yn n fi 3 N own > o g3 3 Oo 000 000 0 0 e e o ¢ o 0 0 0 0 0 0 0 0 o e o a 0 o e a> ee a eeee ee eee e eee e eee epee � ry .mry rven Iwo eeeenmeee mm -e eeee ooe ee a e€m e eee a eeee a e eeee e c o e 0 0 o d e o ee 3 z.eeee eee d e e_ e m adds a ee r80 o:r_0 0e a e000 m m g s a w _ i„ O m n Y� dm 000 oa yo 6�` o ooao 0 0 0 6 00 _a w y q� ga oe o oe _ ee e me J Y 0�'° ry em�� mF� n�OOa 0 YPo ary P 3 o m 0 0 0 0 0 0 - _ a o 0 0 0 0 0 o d d e o d 66660 0 E = y10 E $ V ze' s _ T A i2i' 5 E.'m E E 4 G u u c u o" z` n n d m m iii ,yn n fi 3 N own > o 0 0 ............. 0 �� � o o do,o. �8SPS3ge �8q �Se s a eee F o 0 . 0 0 o d o 0 0 . 0 0 ' o 0 0 0 0 0 o e e o 0 0 o e o 0 0 0 0 0 o e o 0 0 0 0 0 0 0 0 0 0 0 e 00 000 ooe ( 0 0 0 0 o e e a d o 0 0 0 5 0 0 . o a 0 6 0 �> 0 0 0 0 0 0 0 0 = o 0 0 0 o e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o e o 0 0 0 0 0 0 o e e o 0 00 ... 0 0 0d 6 6 0 6 d 6 o 6 d E o 0 0 .. 0 0 .. S, 9£ o0000 o . o 0 0= e 6 6 6 0 0 0 0 6 6 6 0 0 0 yo 0 0 . 0 0 fr .a. S-9 96 ' oo '$RS`�mF :d eoo 6 6 _ Y p i o 0 o . o e 6 6 0 6 6 6 0 6 6 o c o 6 6 6 0 6 0 Y: o0 4 � ^a •e•�9RN r . o 0o e o 0 oe Y o 0 0 e' 8 0 0 0 . 0 0 0 0 0 .. 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �Fow: PSS :8= v� ° q Wptt E 'E K° c c � 6 y°• c � W •• p m m Y :� N° ydf ri g u � c Eo X58'3�z° co i' Adak MWashington State % Department of Transportation May 2, 2017 J -U -B Engineers, Inc. 250 South Beachwood Drive Boise, ID 83709 Subject: Acceptance FYE 2016 ICR — Cognizant Review Dear Ms. Brenda Miklos: Transpormmxn Buddwq 3 1 U M.lpe Parr. Aven! � S.E. PO. Bo. 47iG0 Olympia, "kA 9?SCG-7300 300-705-7000 TTY, 1-800-8335.',88 www'.wsduLwagov We have accepted your firms FYE 2016 Indirect Cost Rate (ICR) of 189.96% based on the "Cognizant Review" from The Idaho Transportation Department. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; Jonson, Erik -'r,- , .._' Cosi8n ERIK K. JONSON Manager, Consultant Services Office EKJ:kms Acceptance ICR Cognizant Review Exhibit E Sub -Consultant Cost Computations The Following subconsultants will be participating in this agreement as described in Exhibit A Scope of Work: GeoProfessional Inovation Corporation (GPI) KPG Widener Subconsultant cost computations are attached. City of Pasco, Washington Lewis Street Overpass J -U -B Engineers Geotechnical Evaluation Tacoma to 2nd N1anFniv Lea La�immn Appendix A: Manhour and Expense Fee Estimate Geotechnical Sub -Consultant GPI Total Principal Sr. Engineer Staff Eng Draftsman Clerical GeoProfessional MATERIALS SALARY COSrS A. Summarvof"bnr-Davrnvm 1 Principal 1 6.25 Wambeke Abrams Rushold Maffey Gregory 1 Merker Phase Geotechnical Exploration &Soil Inventory 2 Sr. Engineer 9 L -Days= 72.0 L-Hoursx $ 40.61 Hour= 1.1 Protect Meetings 1.75 0.75 0.5 0 98.0 0.5 $ 33.00 1.2 Boring Location Analysis 1 0.25 0.25 3.75 0.5 30.0 1 L-Hoursx 1.3 Utility Location and Pasco Coordination 1.25 0.25 0.25 0.75 5.75 L -Days= 46.0 1.4 Subsurface Analysis 6.25 0.5 0.75 3.25 1 0.75 L -Da s= 1.5 Laboratory Analysis 1.75 0.25 0.25 0.75 216.00 0.5 1.6 Infiltration Testing (Optional) 1.75 0.25 $ 0.75 0.25 0.5 1.7 Design Parameter Analysis 1.75 0.25 1 0.5 1.7 ISoil Inventory Summary 4.25 0.5 0.75 1 1.25 0.75 1.8 Engineering Analysis and Design Evaluation 3.5 0.75 1 1.5 0.25 1.9 Draft Report 7 0.75 2 2.25 .0.5 1.5 2.0 Final Report 2.75 0.5 1 0.5 0.75 2.1 Design Review 2.250.25 0.5 1 0.5 2.2 Administration 2.J5 1 51. AS 1 Total Labor Days 38 6.25 9 12.25 3.75 5.75 1 1 MATERIALS SALARY COSrS A. Summarvof"bnr-Davrnvm 1 Principal 1 6.25 1 L -Days= 50.0 1 L-Hoursx I $ 54.47 Hour= $ 2,723.50 2 Sr. Engineer 9 L -Days= 72.0 L-Hoursx $ 40.61 Hour= $ 2,923.92 35taff En 12.25 L -Days= 98.0 L-Hoursx $ 33.00 Hour= $ 3,234.00 4 Draftsman 3.75 1 L -Da s= 30.0 1 L-Hoursx 1 $ 21.00 Hour= I $ 630.00 5 Clerical 5.75 L -Days= 46.0 1 L-Hoursx 1 $ 36.50 Hour= 1 $ 1,679.00 6 GeoProfessional 1 L -Da s= 8.0 1 L-Hoursx 1 $ 27.001 Hour= 1 $ 216.00 TOTAL DIRECT PAYROLL $ 11406.42 B. Pa roll Burden & Frin a Bene0t Costs 1 Indirect Labor, Overheatl & Fee $ 11,406.42 x $ 1.10 - $ 12,547.06 TOTAL PAYROLL BURDEN& FRINGE BENEFIT COSTS $ 23,953.48 C. Fixed Fee 14% TOTAL FIXED FEE $3,353.49 TOTAL LABOR/PAYROLL/FIXED FEE 1 $ 27,306.97 n n�m„f-a,.rtm rna� 1 Mileage 750 x $ 0.550 - $ 412.50 13,000.00 2 Exploration Expenses 1 x $ 470.00 - $ 470.00 3 Exploration Geophysics Subcontractor 3 Lodging (days) 5,500.001 x $ 115.00 - $ 4 Report Copies 1,500 x $ 0.15 - $ 225.00 5 Laboratory Testing -Unit Rates 1 x $ 2,200.00 - $ 2,200.00 6 Plan Sheets - Soil Profile 25 x $ 10.00 - $ 250.00 7 ROW Permits and fees x $ 195.00 - $ 8 x $ $ TOTAL OUT-OF-POCKET COSTS $ 3,557.50 E. Subcontractors 1 jExploracon Drilling Subcontractor 1 x $ 13,000.00 - $ 13,000.01 2Traffic Control 1 x IS 1,500.001 1 $ 1,500.0( 3 Exploration Geophysics Subcontractor 1 x 1 $ 5,500.001 1 $ 5,500.0( TOTAL SUBCONTRACTOR COSTS TOTAL ESTIMATED DESIGN FEE 5 zo,oao.00 $ 50,864.47 Lewis Street 2017 Manhour Estimate.xls, Materials 1 of 1 9/20/2017 Washington State F,0 Department of Transportation September 26, 2017 Travis Wambeke, CEO GeoProfessional Innovation Corporation 6 O'Donnell Road Pullman, WA 99163-7013 Re: GeoProfessional Innovation Corporation Safe Harbor Indirect Cost Rate Dear Mr. Wambeke: Transportation Building 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98 50 4-73 00 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Washington State has received approval from our local Federal Highway Administration (FHWA) Division to continue administering the "safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We have completed our risk assessment for GeoProfessional Innovation Corporation. We conducted our assessment based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, your fum is eligible to use the Safe Harbor rate. You have opted to use the Safe Harbor rate, rather than provide a FAR -compliant rate at this time. We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where applicable, of 80% of direct labor for GeoProfessional Innovation Corporation. The Safe Harbor rate is effective on September 26, 2017. GeoProfessional Innovation Corporation has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered into prior to September 26, 2020. For agreements entered into after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact me, Jeri Sivertson, or Steve McKemey at (360)705-7003. Sincerely, OC Schatzie Harvey Agreement Compli a Audit Manager cc: Steve McKemey, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File CERTIFICATION Oi' FINAL INDIRECT COSTS — FOR A SATE HARBOR INDIREC'i COSI RATE Firm Name: GeoProtessional Innovation Corporation 1. the undersigned. c•ergj. that 1 have reriewed the proposal to establish the Safe Harhor rate. — The firer it electing to use rhe SAFE HARBOR INDIRECT COST RATE of 110% of direct labor with a field rate, schen applicable, of 80% ofeirect labor. To the best of my krrosv(edge and belie/: a) The firm has not had a FAR connpliaut indirect cost rare previously accepted by any oilier state agency. b) The frrnr wil(provu(e reports asrequired by the SAFE HARBOR RATE program ori their Progress toward compliance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. All (mown material transactions or events that have occurred affecting the firm's ownership, organization andprior & current indirect cost rates have been disclosed ThefRrnr agrees to follow the 'Path to Compliance ". Steps noted below: The Pathway must include: • A tinrekeephrg.sysrenr which includes the Internal Controls described in chapter 6 of,4ASHTO • An accounting.sysieur which separates indirect costs and direct costs • An accounting system which separates allowable and unallowable cost • A compliant job cost systeur which is general ledger driven • Training for accounting personnel and kev nranagenrent on Part 31 of the Federal Aequisidon Regulations. Contract Cost Principles and Procedures • A strong written internal cornrol policy with a poticy and procedures manual *Signature: *Name of Certifying Officiar(Print): Travis J. Wambeke. P.E. *Title: Chief Executive Office Date of Certification (mm/dd/yyyy): 09/20/2017 *Note: This form is to be completed by an individual executive or financial officer of the consultant at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the agreement. N ww W 111 F Q r�p V/ W W W LL 0 Z Q D 0 2 C N O A e li N C d E O CL _E N U) m R w v 0 `+ d (U w r N fIl d J O V N R d w C? O Y U 000 0 C) o LO o O r N i N O ILO U EA ffl (A 41 ffl E V r 7 sat FAO Washington State Department of Transportation April 10, 2017 KPG, Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Transportation Building 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTN. 1-800-833-6388 www.wedot.wa.gov Subject: Acceptance FYE 2016 ICR — Risk Assessment Review Dear Ms. Susan Rowe: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2016 ICR of 138.02%. This rate is applicable to Washington Local Agency Contracts only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultant rates @ wsdot. wa. eov. Regards; Jonson, Erik cosign ERIK K. JONSON Manager, Consultant Services Office EKJ:kms Acceptance ICR Risk Assessment Review KPG, P.S. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED DECEMBER 31, 2016 Financial Stmt Unallowable Description Expense Costs __FAR Ret Direct Labor $ 4,788,788 $ INDIRECT COSTS Fringe Benefits: Vacation, sick, and holiday $ 903,398 $ Incentive compensation 147,724 - 401(k) plan 159,704 - Employeegroupinsurance 594,866 (16,599) Payroll taxes 659,346 (555) Workers compensation 20,233 - Other employee hensfits 106,769 (86,938) Total Fringe Benefits $ 2,592,038 $ (104,092) General Overhead: Indirect labor $ 1,814,994 $ (7,254) Indirect labor (field) 148,781 Advertising 9,292 (8,268) Automobile 38,669 - Bank fees and processing charges 1,690 Computer supplies 337,029 (7,535) Contributions 500 (500) Depreciation and amortization 225,605 - Duesandprofessiwlallicenses 22,793 (1,251) Entertainment 4,701 (4,701) Fines and penalties 4,433 (4,433) Insurance 129,911 (16,022) Interest 266,896 (266,896) Loosed equipment 2,511 - Meals expense 14,043 (8,690) Office supplies and postage 199,620 (1,580) Professional services 80,252 (4,150) Recruitment 1,766 - Rent 605,076 (129,258) Repairs and maintenance 165,524 (38,573) Seminars and professional education 23,666 - Supplies 28,160 - Taxes and licenses 267,492 (1,077) Telecommunications 113,734 (8) Travel 121,565 (1,218) Recovery (35,506) - ToUl General Overhead $ 4,593.197 $ (501,414) Total Indirect Costs $ 7,185,235 $ (605,506) Percent of Direct Labor Facilities Capital Cost of Money (FCCM) Percent of Direct Labor Total Indirect Costs and FCCM Percent of Direct Labor See accompanying auditors' report and notes. Total __Proposed _ $ 4,788,788 $ 903,396 147,724 159,704 578,267 658,791 20,233 19.831 $ 2,487,946 $ 1,807,740 148,781 1,024 38,669 1,690 329,494 225,605 21,542 113,889 2,511 5,353 198,040 76,102 1,766 475,818 126,951 23,666 28,160 266,415 113,726 120,347 (35,506) $ 4,091,783 $ 6,579,729 137.40% $ 29.934 0.63% 138.02% KPO, P.S. DESCRIPTION OF FAR REFERENCES AND AUDIT ADJUSTMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 (1) 31.205.19 (e) (2) (v) Insurance and indemnification - Costs of insurance on the lives of officers that does not represent additional compensation and the company is the beneficiary of the policy is unallowable. (2) 31.201-2 (d) Determining allowability - Lack of supporting documentation to demonstrate that costs have been incurred are unallowable. (3) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are unallowable. (4) 31.205-14 Entertainment costs - Costs of amusement, diversions, social activities, and any directly associated costs such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. (5) 31.205-1 (t) Public relations and advertising costs - Public relations and advertising costs designed to call favorable attention to the contrector and its activities is unallowable. (6) 31.205-8 Contributions or donations - Contributions or donations are unallowable. (7) 31.205-22 (a) (1) Lobbying and political activity costs - Costs associated with attempts to Influence the outcome& of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activities are unallowable. (8) 31.205-15 Fines, penalties, and mischarging costs - Fine, penalties, and late fees are unallowable. (9) 31.201-2 (c) Determining allowability - When contractor accounting practices are inconsistent with this Subpart 31.2, costs resulting from such inconsistent practices in excess of the amount that would have resulted from using practices consistent with this subpart are unallowable. (10) 31.205-20 Interest and other financial costs - Interest on borrowings (however represented) are unaflowabl e, (11) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also unallowable. (12) 31.2013 (b) (1) - Determining reasonableness - Casts generally not recognized as ordinary and necessary for the conduct of business are unallowable. (13) 31.20546 (a) 2 Travel costs - Costs that exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations are unallowable. (14) 31.205-36 (3) Rental costs - Charges in the nature of rent for property between organizations under common control that exceed the normal costs of ownership are unallowable. (15) 31,205-51 - Costs of alcoholic beverages -Costs of alcoholic beverages are unallowable. Certification of Final Indirect Costs Firm Name: KPG, Inc. Indirect Cost Rate Proposal: 138.02% Date of Proposal Preparation (mm/dd/yyyy): 03/17/2017 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 01101/2016 to 12/31r16 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief. 1.) All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. Signature: Name of Certifying Official* (Print): Nelson Davis Title: President Date of Certification (mmlddlyyyy): 03/17/2017 *The "Certifying Official" must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: htti)://www.fhwa.dot.govAecisregs/directivestorders/44701a.htm O/H Certification; Nov 2010 Project Name Client Location Lewis Street Bridge over BNSF Railway Rick Door / NB Pasco, Washington Date 10/25/2017 Project Manager Project Biologist Senior Biologist Hours Hours Hours Design Assistance and Early Agency Coordination/BNSF 40 10 40 Noise Report Draft 40 10 120 Final 20 4 40 EJ Report Draft 40 10 120 Final 20 4 20 Hazmat Memo Draft 40 10 80 Final 25 5 25 Update NEPA CE Draft 40 20 20 Final 20 10 10 Update SEPA MDNS Draft 10 4 8 Final 10 4 4 Total hours 305 91 487 Summary Hours Rate (DSC) Cost Project Manager 305 $64.00 $19,520.00 Project Biologist 91 $31.00 $2,821.00 Senior Biologist 487 $54.00 $26,298.00 overhead W SDOT Safe Harbor Rate $53,503 profit $14,592 Total Labor $116,733.60 Expenses Hazmat Testing $5,000 Mileage $5,000 TOTAL ESTIMATED COST $126,733.60 WIDENER ASSOCIATES 1902 120TH Place SE, Suite 202 Everett, WA 98208 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 30-18-020 Exhibit F- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1 Exhibit G Certification Documents Exhibit G -1(a) Certification of Consultant Exhibit G -1(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Page 1 of 1 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of J -U -B ENGINEERS, INC. whose address is 2810 W. Clearwater Ave., Ste 201 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. J -U -B Engineers, Inc. Consultant (Firm Name) PG � ` Signature (Authorized Official of Consultant) 1-15-18 Date Agreement Number: Page 1 of 1 Exhibit G -1(b) Certification of City of Pasco I hereby certify that I am the: 0 City Manager ❑ Other of the City of Pasco , and J -U -B Engineers, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Sig ture Date �_ 9-/2Y, //0 Agreement Number: 30-18-020 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. J -U -B Engineers, Inc. Consultant (Finn Name) /� 6'� Li� Signature (Authorized Official of Consultant) 1-15-18 Date Agreement Number: 30-18-020 Page 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. J -U -B Engineers, Inc. Consultant (Firm Name) X,,/ Signature (Authorized Official of Consultant) 1-15-18 Date Agreement Number: 30-18-020 Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Lewis Street Overpass ' are accurate, complete, and current as of November 6, 2017 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: J -U -B Engineers, Inc. ;, 4 x J -U -B Area Manager Signature Title Date of Execution***: February 5, 2018 *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 30-18-020 Page 1 of 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: 30-18-020 Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: 30-18-020 Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 102 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: 30-18-020 Exhibit I -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: 30-18-020 Exhibit J -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 30-18-020 Exhibit J- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/0112017 Page 2 of 2